ISLAMABAD: PTI and family members of the prisoners demanded of the Supreme Court (SC) and chief justice of Pakistan to immediately constitute a larger bench to hear the cases of the civilians held in military custody to ensure their earliest release because civilians’ trials in military courts was “unconstitutional and unlawful”.

They were of the view that their loved ones should be tried in civilian courts and must be given full chance of fair trial, as in the military courts they were being subjected to mental torture to make them patients because they were deprived of all prisoners’ rights.

Addressing a press conference along with PTI Central Information Secretary Raoof Hasan, Barrister Abuzar Salman Niazi, former Chief minister Gilgit-Baltistan Khalid Khursheed and family members of the civilians who are in military custody, PTI senior leader Ali Mohammad Khan, who was the head of the PTI prisoners committee, said that the civilians detained under the guise of May 9 incidents had been facing military trial for the last over one year.

He said that majority of the detainees were well-educated and sole bread earners of their respective families but they were implicated in cases, which seemed nothing but a war of ego, because those who were convinced to address press conferences were given clean chit in all serious cases.

Ali Mohammad stated that all legal fraternity irrespective of political affiliation were unanimous on the point that civilian trials in military courts was unconstitutional and unlawful because they limited the sources of fair trials and justice, which one could get in the civil courts.

The PTI leader demanded CJP to form a larger bench to decide whether cases of these prisoners could be tried in the military courts in order to ensure early release of these citizens so they could serve the country because decisions had already been given against some detainees.

Ali Mohammad stressed the need that they should be given the chance to prove their innocence.

Speaking on the occasion, Barrister Abuzar Salman Niazi categorically stated that the military courts were unconstitutional because it was against the article 175 of the Constitution as the same institution was working as judge, jury and executive so how it could do justice.

Abuzar reminded that the military courts gave verdicts against the civilians within four days, which was unprecedented and how it could be called a fair trial.

He stated that the names of a five-member SC bench — comprising Justices Ijazul Ahsan, Munib Akhtar, Yahya Afridi, Syed Mazahar Ali Akbar Naqvi and Ayesha Malik, who had unanimously declared that trying the accused civilians in military courts was ultra vires the Constitution, would be remembered in golden word in history.

Senior lawyer pointed out that the incumbent CJP’s legacy was questionable due to his decision of depriving PTI of its electoral symbol bat.

Speaking on the occasion, Sidra Murtaza, whose brother was in military custody, narrated the ordeals her family members being passed through since the detention of her brother in May 9 related incidents.

She demanded of the apex court to form a larger bench to hear the case of the civilians being tried in military courts, as family members of these civilians were suffering from various ailments and some had even passed away due to mental stress and agony.

Sidra urged CJP and COAS to meet them as they were patriotic Pakistanis and detained under some misunderstanding as they did nothing wrong because the country’s constitution guaranteed its citizens the right of a peaceful protest.

Published in Dawn, April 25th, 2024